Mary’s father worked at Avondale Shipyards for a few years. The lawsuit claims that he was exposed to asbestos at work and that the fibers lingered on his clothing. The siblings allege that Mary came into contact with those fibers on their father’s clothing, which exposed her to asbestos as well. She was later diagnosed with mesothelioma. Avondale allegedly did not warn its employees about the risks of exposure or use proper safety measures.

The procedural history in this case is a little complicated. The siblings originally filed the lawsuit in state court, but Avondale successfully removed the case (had it transferred) to federal court. But the federal district court sent the lawsuit back to state court, finding that it did not have jurisdiction, or the legal authority, to decide the case. A federal appeals court affirmed, and the case is now back in state court.

Asbestos minerals are composed of durable fibers that are resistant to fire and many chemicals. Manufacturers had incorporated asbestos into insulation, brake pads and other building materials since the 1800s. Unfortunately, we now know that asbestos can cause significant health problems like mesothelioma if the fibers become airborne and are ingested or inhaled. Asbestos fibers can also linger on clothes, which increases the risk of secondhand exposure.

The deadline, or statute of limitations, for filing a wrongful death action in Louisiana is only one year from the date of the death. This is different from many states, which generally give wrongful death claimants two to five years to file suit.

Wrongful death claimants may seek both economic damages and noneconomic damages. Economic damages cover measurable losses, like funeral and burial expenses, medical bills, and lost wages and benefits. Noneconomic damages are losses that don’t have a specific monetary value, like pain and suffering and loss of companionship.

An experienced attorney can help determine if you meet these statutory requirements and explain what damages you can seek.

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Contact Patrick Yancey Law Firm today for a free consultation if you have been diagnosed with, or if a loved one has died from, mesothelioma or another asbestos-related disease. Our experienced attorneys will help recover the compensation you deserve.